Ray v. Hartwell Railroad
289 Ga. 452
| Ga. | 2011Background
- Appellants Ray and Cochran filed a petition to quiet title against the world for two Lavonia parcels (Tracts 1 and 1A) based on their claimed ownership; a 1996 Bartlett & Cash plat governs the parcels.
- Hartwell Railroad disputed title to Tract 1A, contending the land lies within Hartwell’s 100-foot railroad right-of-way.
- A special master was appointed; both sides moved for summary judgment on record and prescriptive title; Hartwell moved for summary judgment on Tract 1A.
- The special master granted Hartwell’s motion, and the trial court adopted, denying Ray and Cochran’s motion; the order concluded appellants could not prove title to Tract 1A as a matter of law.
- Ray and Cochran appealed alleging error on the admissibility of evidence and the trial court’s title conclusions, but the Court dismissed the appeal as moot because appellants cannot prove title to Tract 1A regardless of those rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot? | Ray argues for reversal on disputed evidentiary grounds. | Hartwell asserts mootness since appellants cannot prove title irrespective of evidentiary issues. | Appeal dismissed as moot. |
| Did Hartwell hold undisputed title to Tract 1A? | Appellants claim possible title questions remain. | Hartwell asserts undisputed record and prescriptive title to Tract 1A. | Hartwell entitled to summary judgment on title to Tract 1A. |
| Can Ray and Cochran prevail on slander of title if they lack title to Tract 1A? | Without title, no standing for slander of title. | Even if Hartwell’s title were unsettled, appellants cannot prove their own title. | Precludes relief; moot since title cannot be proven by appellants. |
Key Cases Cited
- Parker v. Parker, 277 Ga. 664, 594 S.E.2d 627 (2004) (Ga. 2004) (mootness when decision provides no relief to party)
- Garnett v. Hamrick, 280 Ga. 523, 630 S.E.2d 384 (2006) (Ga. 2006) (mootness principle applied)
- Inserection v. City of Marietta, 278 Ga. 170, 598 S.E.2d 452 (2004) (Ga. 2004) (mootness and standing considerations in appeal)
- McRae v. SSI Development, LLC, 283 Ga. 92, 656 S.E.2d 138 (2008) (Ga. 2008) (ownership prerequisite to quiet title action)
- Bishop Contracting Co. v. North Ga. Equip. Co., 203 Ga. App. 655, 417 S.E.2d 400 (1992) (Ga. Ct. App. 1992) (corporation must own property to assert slander of title)